1. A) LEGAL INFORMATION
ICEX España Exportación e Inversiones, E.P.E., M.P., with Tax Identification Number Q2891001F, is a public corporation ascribed to the Ministry of Industry, Trade and Tourism through the State Secretariat for Trade, established and governed by Royal Decree-Act 4/2011, dated 8 April, and with its headquarters at Paseo de la Castellana 278, 28046 Madrid (Spain).
1. B) GENERAL CONDITIONS
1. Background Information. Acceptance.
The General Conditions comprising this Legal Notice govern the use of all services and contents that ICEX España Exportación e Inversiones, E.P.E., M.P. (hereinafter, ICEX) makes available to its users, through its Internet Portal www.winesfromspainusa.com (hereinafter the “Portal”).
These General Conditions have been drafted in conformity with the provisions of Act 34/2002, on information society and electronic commerce services; Organic Law 15/1999, on Personal Data Protection; Royal Decree 1720/2007, approving the implementing regulations of the Personal Data Protection Law; Regulations 2016/679 of the European Parliament and of the Council, dated 27 April 2016 on the protection of physical persons with regards to the processing of personal data and the free circulation of said data; Act 7/1998 on General Contract Conditions; Act 3/2014, dated 27 March, modifying the amended text of the General Law for the Defence of Consumers and Users and other complementary legislation, approved by Royal Legislative Decree 1/2007, dated 16 November; Act 47/2002, dated 19 December, amending Act 7/1996, dated 15 January, on Planning of Retail Trade, for transposing to Spanish legislation Directive 97/7/CE, in respect of distance selling, and for adapting the Act to different EC Directives, and all applicable legal provisions; and Act 34/2002, dated 11 July, on information society and electronic commerce services.
The User, merely by using this Portal, expresses full acceptance of these General Conditions, which are subject to modification by ICEX at any time. Consequently, the User must, under his or her sole liability, carefully read these General Conditions upon each intended use of the Portal.
The use of certain services offered to Users through the Portal is regulated by specific conditions which, depending on the case, complete and/or modify these General Conditions. The User must read and accept these when intending to obtain those services. Likewise, certain services offered by third-party collaborators of ICEX to Users of the Portal may contain their own General Contract Conditions. The User must carefully read the corresponding General Contract Conditions before using those services provided by third-party collaborators of ICEX.
ICEX informs that any mandatory procedures to obtain the services offered are those described in these General Conditions and, when applicable, the corresponding Specific Conditions, as well as any other specific conditions indicated on-screen when browsing, wherefore the User must declare his or her knowledge and acceptance of these procedures as necessary for accessing the services offered in the Portal.
2. Conditions of access, use and utilisation of the Portal
The Services offered by ICEX in its Portal are, in principle, and unless otherwise specified, free of charge. Notwithstanding the foregoing, some of the Services supplied through the Portal (whether by ICEX or third parties) may be subject to payment of a price, in which case the established Sale Conditions for the service provision will apply.
Access to the Services supplied through the Portal does not require, in general, a prior User subscription or registration, without prejudice to the fact that access to certain services may require the corresponding User registration. The User Name and Password provided by ICEX to the User are elements used for purposes of identification and authentication when accessing the services and are personal and non-transferable. ICEX may implement, upon prior notification, changes to the User Name and/or Password, in which case the modified passwords will lose their validity.
The User guarantees being over the age of 14, as well as the veracity and authenticity of the information provided as a result of the contracting of those services that require User Registration, and assumes the obligation to maintain said information up-to-date.
The User assumes the obligation to use the Contents and Services available through the Portal in conformity with these General Conditions and the Specific Conditions established for certain Services, as well as in accordance with legal provisions, morality, customs and public order.
The User assumes the obligation to respect the intellectual and industrial property rights of ICEX and/or third parties, and to this end will abstain from reproducing, copying, distributing, making available or in any other way making public, transforming, or modifying the Contents, unless the User is authorised by the holder of the corresponding rights or is legally permitted to do so.
The User may not use data obtained through the Portal to issue electronic advertisements, promotions or commercial communications without prior authorisation granted by the affected parties.
Any User who intends to establish a hyperlink from his or her own website and the ICEX Portal must fulfil the following conditions:
– No confusion must be generated in other potential users with regards to the origin and ownership of each of the websites, wherefore the hyperlink will only permit access to the home page of the Portal, and a frame may not be created over the ICEX Portal websites;
– The website hosting the hyperlink may neither contain false, inexact or illegal content or information, contrary to law, morality or generally accepted customs and public order, nor may it host content that breaches third-party rights;
– In any case, the inclusion of the hyperlink in no way implies the existence of a relationship between ICEX and the owner of the website in which it is inserted, nor the acceptance or approval by ICEX of its contents or services, wherefore no declaration may be made or insinuated as to authorisation granted by ICEX for the hyperlink, or as to the supervision or use of the services offered in said website that includes the hyperlink.
3. Exclusion of Guarantees and Liability
3.1. For the functioning of the Portal
ICEX does not guarantee the availability and continuity of the functioning of the Portal, its services and contents, wherefore in no case will it be held liable for damages of any kind which may arise due to the unavailability or discontinuity of the Portal or any of its services, or due to access failures to any of the different websites of the Portal, or failures of those websites from which certain services are provided.
3.2. For the contents and services of the Portal
ICEX does not guarantee the utility of the Portal for any specific activity or the suitability of its contents and services for specific purposes, wherefore the User is solely and exclusively liable for the use of information, contents and services.
The contents included in the Portal are provided in good faith by ICEX with information from both internal and external sources. Given this circumstance and the large amount of information made available to the User through the Portal, ICEX cannot guarantee full reliability, legality, exactness or suitability of the same, despite its best efforts in this regard.
Pursuant to Article 16 of Act 34/2002, dated 11 July, on information society and electronic commerce services, in no case will ICEX be liable, whether directly or indirectly, for any content, information, communication, opinion or declaration that is communicated, disseminated, transmitted or exhibited through the Portal that has its origin in external sources insofar it lacked effective knowledge of the same.
Likewise, in accordance with the aforementioned Article 16, it is understood that ICEX will have the effective knowledge mentioned above when a competent body has declared the illegality of the information, ordered its withdrawal or prevented access to the same, or has declared the existence of damages, and the provider is aware of the corresponding resolution, without prejudice to procedures for detecting and removing the contents which the providers implement by virtue of voluntary agreements and of other effective means of communication which may have been established.
The Portal makes available to the users technical devices for links (such as, among others, links, banners, directories, etc.), that enable access to the website(s) owned and/or managed by third parties and of which ICEX is neither the owner nor has any type of association. As a result, ICEX will not be liable for controlling and monitoring the contents, wherefore ICEX will assume no liability whatsoever, whether directly or indirectly, for said website(s). The User must exercise due caution when evaluating and using said information, contents and services made available through these devices.
Likewise, ICEX excludes any liability derived of the rendering of services or of making available goods or products that may be acquired or contracted from third parties by accessing the Portal, especially in those cases in which the purchase or contract procedure is implemented directly in the third-party website.
3.3 For the Users’ use of the Portal
ICEX cannot control the Users’ use of the Portal, its services and contents, wherefore in no case will it be held liable for damages of any kind which may arise due to the illegal, incorrect, inappropriate or unsuitable use by Users of the Portal, its services or contents.
Likewise, ICEX does not guarantee privacy and security when using the Portal and, in particular, does not guarantee that unauthorised third parties will not be knowledgeable of the type, conditions, characteristics and circumstances of the use which Users make of the Portal, wherefore in no case will it be held liable for damages of any kind which may arise due to these unauthorised accesses.
In the event that a User causes damages to any third parties, given its use of any products, service, content and/or tool facilitated through our website, as well as for improperly using the same, the User expressly exempts ICEX from any liability which may be attributed to ICEX.
To this end, the User will solely and exclusively assume any liability which may derive as a result of the foregoing. Likewise, the User will assume all expenses, costs and, when applicable, compensation which may derive of legal proceedings initiated on the grounds of noncompliance with the provisions of these Conditions and applicable regulations.
Users are solely and exclusively liable for their identification and access passwords to the Portal. ICEX is not liable for improper use of these access passwords and of the consequences, of any kind, derived of wrongful use, loss or forgetfulness by Users or unauthorised third parties.
4. Intellectual and Industrial Property
All of the contents, understood as the following and not limited to the same, texts, photographs, illustrations, graphs, software, databases, graphic designs, source codes, audio-visual and audio contents, as well as any names, logos and brands accessible in the Portal are subject to intellectual and industrial property rights owned by ICEX or third parties. In this regards, these are considered works protected by Spanish and EU legislation jointly in the realm of intellectual and industrial property rights.
Access by the User to the contents and services of the Portal in no way implies, in any case, any type of waiver, transmission or transfer, whether full or partial, of the aforementioned rights, nor confers any rights to use, modify, exploit, reproduce, distribute or publicly communicate the contents or distinguishing signs object of intellectual or industrial property, without prior, written authorisation specifically granted for that purpose by ICEX or the third-party owner of the rights.
The User is entitled only to the right to view and make copies of the Contents solely and exclusively for personal use, and must exert these rights in conformity with the principle of good faith and in compliance with applicable legislation.
In particular, the following is forbidden:
– The presentation of a website from the Portal within a frame of another website that does not belong to ICEX, through the so-called “framing” technique, unless authorisation is granted in writing by ICEX.
– The insertion of an image disseminated in the Portal in a website or database that does not belong to ICEX, through the so-called “in line linking” technique, unless authorisation is granted in writing by ICEX.
– ICEX will expressly authorise the inclusion of hypertext links (hyperlinks) in other websites that target the home page of this Portal or any of its internal websites, as long as the corresponding websites appear in a complete window and use their own electronic addresses.
– Any rights not expressly granted in advance are reserved for ICEX or, when applicable, for the third-party owners of said rights.
5. Procedure in the event of illegal activities
In the event that any User or third party considers that events or circumstances reveal an illegal use of any Content and/or the implementation of any activity in the websites included in or accessible through the Portal and, in particular, the breach of intellectual or industrial property rights or other rights, a notification must be remitted to ICEX, containing the following information:
– Personal data of the claimant: name, address, telephone number and email address;
– Explanation of the supposed illegal activity carried out in the Portal and in particular, when entailing a supposed breach of rights, a precise and specific indication of the protected contents and their localisation in the websites;
– Events or circumstances that reveal the illegal nature of the aforementioned activity;
– In the case of a supposed breach of rights, a handwritten signature or the equivalent, with the personal data of the owner of the rights object of the supposed infringement or the person authorised to act in the name and representation of the former;
– Express, clear and responsible statement of the claimant that the information given in the notification is exact and of the illegal nature of the use of the contents or performance of the described activities.
6. Data Protection
7. Cookies used in the website
In accordance with the provisions of legislation in effect on cookies, ICEX informs Users that it counts with a Cookies Policy, so that these may freely and voluntarily determine whether or not they accept the cookies used in the website: www.winesfromspainusa.com in such a way that Users may decide whether or not these are to be installed in their devices.
The Cookies Policy is available at all times through the link in our website.
All notifications and communications by the User to ICEX will be considered efficient, for all purposes, when issued in any of the following ways:
Postal delivery to the address: Paseo de la Castellana 278, 28046 Madrid. Communication by means of a telephone call to the number: (+34) 900 349 000.
Email sent to the following address: firstname.lastname@example.org
9. Withdrawal and suspension of services
ICEX may remove or suspend, at any time and without prior notice, the services rendered to those Users who fail to comply with these General Conditions or with the Specific Conditions of any Service.
10. Duration and termination
The Portal service and the services rendered through the Portal have, in principle, an indefinite duration. Nevertheless, ICEX is authorised to consider the termination or suspension of the Portal services and/or any services at any time, without prejudice to the provisions concerning the same in their corresponding Specific Conditions. When reasonably possible, ICEX will notify in advance of the termination or suspension of the services rendered through the Portal and of the other Services.
11. Applicable Legislation and Jurisdiction
These General Conditions are bound to Spanish legislation.
For any controversy which may derive of the application of the services or the interpretation or application of the General Conditions, ICEX and the User, expressly waiving any other jurisdiction to which they may be entitled, will submit themselves to the Courts of Madrid (Spain).